Hiring guideHow to choose a wrongful death lawyer
This claim is unlike the others on this site in a way that is easy to miss: it does not belong to the family in the ordinary sense. Statutes decide who may bring it, who the money is for, and what may be claimed, and those answers differ by state. Understanding that first makes the rest of the choice straightforward.
Who is allowed to sue is set by statute
In many states the action is brought by the personal representative of the estate rather than by relatives directly, and the recovery is distributed to statutory beneficiaries in an order the law sets. Where no representative has been appointed, that appointment has to happen in probate before the civil claim can be filed properly, which is a step families rarely expect.
A firm that does this work will raise probate on the first call. If nobody mentions it, that is worth noticing.
There are usually two claims, not one
The wrongful death claim compensates the family for what they lost: support, services, guidance, companionship, and funeral and burial expenses. A separate survival action belongs to the estate and covers what the person themselves suffered between the injury and death, including conscious pain and lost earnings in that interval.
They are governed by different rules and sometimes different deadlines. Both are routinely available and one is routinely forgotten, so ask whether the firm is bringing both and why if not.
- Does a personal representative need to be appointed, and will you handle that?
- Are you bringing a survival action alongside the wrongful death claim?
- Who are the statutory beneficiaries here, and how is a recovery divided?
- Does a settlement need court approval, and how long does that add?
- Have you tried a case like this, and when?
Approval and division are part of the work
Where minors are beneficiaries, or where the estate is involved, a settlement commonly requires court approval and the division among beneficiaries can itself be contested. That is work a firm does after the number is agreed, and it is work that keeps families out of a second dispute with each other.
It is a fair question to ask how the firm handles a family that does not agree, because the answer says more about the next year than any recovery figure does.
Funeral expenses are usually recoverable, and usually overlooked Most wrongful death statutes allow funeral and burial costs as an item of damages. Keep the invoices. It is a small part of a claim and the part most often left out because nobody thought to ask for the receipts.